Two excavation safety regulations that are the same but different?

There are two very similar regulations in Subpart P. While at first, they appear to be addressing the same issue, they are in fact different. We’ll look at just one difference in each.

In 1926.651 paragraph (a) the topic is “Surface Encumbrances” and in the same section paragraph (i) addresses “Stability of Adjacent Structures”. These appear to be the same thing, but are they? Both seem to represent the same hazard, but would the standard have an obvious redundancy? The following comes in part from the federal register.

Surface encumbrances include but are not limited to such things as trees and boulders which during the excavation process could potentially be undermined or otherwise be made unstable and thus could allow them to fall or collapse onto employees. But note that surface encumbrances could also include those things that could impede smooth traffic flow. An encumbrance then, could be a visual hazard that creates a blind spot resulting in a construction traffic and foot traffic safety issue. To alleviate this potential hazard the competent person should include this concern in pre-job planning as well as traffic control, daily inspections and in safety talks.

1926.651 (i) addresses a similar but different hazard in adjacent structures, which could be buildings or other structures in what is known as the “adjacent area”. But to get back to the original point and keep this brief, this regulation addresses different hazards and concerns other than the previously discussed “surface encumbrances”. While each addresses the potential hazards of having objects in the adjacent area, paragraph (i) mentions sidewalks as well. According to the federal register, a safety issue with sidewalks is that not only do we need to protect employees from the collapse of the sidewalk, but we also need to support the sidewalk in case employees use it for a walking surface. If so, it must be secured for the protection of those who might be walking or working on it.

The federal register can be found in “Trench and Excavation Safety by the Book”. This comprehensive excavation safety book is available at www.trenchandexcavationsafety.com

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